R.J. was pulled over outside of Brooks for a minor traffic infraction. During the course of their interaction with R.J. they discovered that he had a drug related criminal record and that he had recently been arrested for possession of proceeds of crime (approximately $75,000.00 cash was found in a bag in his vehicle a few months prior). A condition of his bail when he was released on that charge was he not leave the Province of Saskatchewan. The police …
R. v. A.T. [Provincial Court, Calgary January 2017]
A.T. retained Ms. Fagan to defend ten serious criminal charges stemming from the police search of a vehicle that A.T. had been driving. In the center console of the vehicle the police located a handgun, methamphetamine, cocaine, crack cocaine, marijuana and a significant amount of cash. A.T. with the following offences, including: Section 5(2) of the Controlled Drugs and Substances Act – Possession of cocaine for the purposes of trafficking Section 5(2) of the Controlled Drugs and Substances Act – …
R. v. S.C. [Court of Queen’s Bench, Calgary, December 2016]
S.C. was a passenger in a vehicle that was stopped just outside of Lake Louise. The police claimed to have stopped the vehicle because they could not see if the passenger, who was reclined, was wearing his seatbelt properly. The police ultimately formed the ostensible grounds to search the vehicle and found a hockey bag with 30 pounds of marijuana in it. The police arrested the driver and S.C. and when the searched S.C. they discovered a vial of hash …
Regina v. H.A.M. [Court of Queen’s Bench of Alberta, Calgary – April 2017]
This was a multimillion dollar fraud prosecution involving Canadian chartered banks. The fraudulent scheme alleged in each case was essentially the same: A so-called “straw-buyer” with good credit would be recruited by HAM and a mortgage application thereafter submitted in the name of that person. The mortgage application would include confirmation of “employment” as well as CRA Notices of Assessment. Mortgage proceedings would be advanced in the name of the straw-buyer and title to the residential property would be held …
Regina v. M.I.T. [Provincial Court – January 2017]
MIT is a highly educated well-placed professional actively involved in sports as a player and official. During the course of a weekend tournament MIT and another person in attendance at the tournament (I’ll call that person YY) ended up spending the night together at a local motel. Several weeks later YY reported that he/she had been sexually assaulted by MIT. In spite of the fact that the police were fixed with knowledge that multiple witnesses described YY as being “all …
Regina v. M.M.M. [Nunavut Court of Justice – Ottawa Ontario, May 2017]
MMM is a very elderly man accused of raping an adolescent female back in the late 1960’s – yes . . . the allegations were over half a century old. This is not a case where the complainant did not know the identity of the alleged assailant but rather a case where (for personal reasons) the matter was not reported to the police in any way, shape or form for half a century. The trial was originally scheduled to be …
Regina v. W.C.C. [Provincial Court of Alberta– September 2017]
W.C.C. is a young well educated professional male, with absolutely no prior adverse contact with the police, who found himself charged with sexual assault contrary to Section 271 of the Criminal Code. If convicted, W.C.C was looking at years in prison and life thereafter encumbered by the National Sex Offender Registry. Faced with potential ruination, W.C.C. hired Patrick Fagan to defend this criminal prosecution. Bottom Line: On day 1 of a 1 week trial, Patrick Fagan killed this ill-conceived prosecution …
Regina v. S.E.G. [Provincial Court – February 2016]
SEG, a single middle-aged father in a small town, was the owner/operator of a well-established residential cleaning company. SEG’s company employed a number of female workers, most of whom were of foreign descent. SEG was well respected in the community and had absolutely no prior adverse involvement with the police – period. While cleaning premises with several female employees, SEG was operating a central vacuum cleaner. SEG went to relocate the vacuum wall jack from one location to another. One …
1. Regina v. F.S.S. [Provincial Court of Alberta of Alberta, Calgary – January 2016]
The police executed a drug warrant on the home of FSS. As a consequence of that search FSS was charged with a number of offences including: Possession of heroin for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substance Act. Possession of methamphetamine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substance Act. BOTTOM LINE: Patrick Fagan was successful in having all criminal charges against FSS completely withdrawn.
2. Regina v. S.M.B. [Provincial Court of Alberta, Canmore – March 2016]
This is another PIPELINE case. An RCMP officer conducted a traffic stop of SMB’s vehicle for the purpose of conducting a “sobriety” check. During the course of that stop the officer, utilizing his Pipeline training, observed numerous indicators consistent with drug trafficking. The officer detained SMB for a drug investigation, placed him in the rear of his police vehicle and conducted a search of SMB’s car. As a consequence of that search the police seized 80 liters of GHB – …
3. Regina v. S.I.S. [Provincial Court of Alberta, Calgary – April 2016]
The police received a complaint that persons unknown were prowling the neighborhood. Consequently, the police stopped a vehicle occupied by 4 young men – SIS was driving. The police immediately detected the overwhelming scent of fresh marijuana and placed all 4 men under arrest. During the course of that arrest SIS stated (unwisely) to the police “this is my truck and all contents including cash, marijuana and the scale are mine”. A subsequent search of the vehicle revealed the presence …
4. Regina v. L.L.D. [Court of Queen’s Bench of Alberta, Calgary – April 2016]
LLD parked his van and entered a Canmore hotel. Someone took issue with the manner in which LLD parked his van and called the police. The police entered the hotel and apprehended LLD on the pretext of an impaired driving investigation. During a pat down search of LLD the police seized small quantities of various drugs and placed him under arrest. Subsequently, the police conducted a so-called “inventory” search of LLD’s van whereupon they discovered what they described as a …
5. Regina v. M.N.M. [Provincial Court of Alberta, Calgary – May 2016]
As the police approached a couple of “suspicious” vehicles they both took off. The police stopped one of the vehicles (an SUV in which MNM as a passenger) whereupon they immediately detected a pungent scent of fresh marijuana. The police arrested the driver and MNM for possession of marijuana and a search of MNM revealed the presence of approximately 1 ounce of powder cocaine, 1 ounce of crack cocaine and several hundred dollars in cash. The police charged MNM with …
6. Regina v. B.B.B. [Provincial Court of Alberta, Turner Valley – May 2016]
As a consequence of information received from a confidential source the police obtained and executed a drug warrant on residential premises. During the course of that search (BBB was home at the time) the police seized multiple pounds of individually wrapped marijuana, several thousand dollars in cash, a firearm, scales and score sheets. BBB was charged with a number of offences including possession of marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances …
7. Regina v. H.S.K. [Provincial Court of Alberta, Calgary – May 2016]
HSK was on bail for trafficking in heroin. One of the release conditions prohibited him from being in possession of a cellular phone. The police, operating an unmarked police vehicle, “observed” HSK using a cellular phone. The police stopped HSK and arrested him for breaching his bail order. A subsequent search of HSK’s vehicle by the police for the cellphone revealed the presence of multiple packages of heroin. Remarkably . . . the cellular phone was not found (ie: there …
8. Regina v. B.R.R. [Provincial Court of Alberta, Canmore – July 16]
This is another PIPELINE case. BRR was a passenger in a vehicle that was westbound on Highway #1 near Lake Louise. An RCMP officer was sitting in the median watching trafficking go by and he decided to pursue and stop the vehicle. Why? According to the officer, it had a “dirty unreadable license plate”. The officer, utilizing his Pipeline training, developed grounds to suspect that the vehicle contained drugs so he detained BRR and the driver. During the course of …
9. Regina v. S.N.M. [ Court of Queen’s Bench of Alberta, Calgary – August 2016]
This is another PIPELINE case. According to the RCMP they pulled SNM over for speeding. During the traffic stop the police, employing their Pipeline training, formulated the suspicion that SNM was transporting drugs. Consequently, a police drug dog was summoned to the scene and deployed on the vehicle. The dog “hit” whereupon the police conducted the search of the vehicle resulting in the seizure of approximately 4000 grams of cannabis resin (oil) in a multitude of jars, another ½ kilogram …
10. Regina v. C.M.M. [Provincial Court of Alberta, Canmore – August 2016]
The RCMP intercepted CMM on radar at a speed of approximately 160 km/h westbound on Highway #1. During the course of the stop the police observed indicia consistent with impairment of his ability to operate a motor vehicle by alcohol and arrested him for impaired driving. During the course of a “pat down” search the police seized a baggie containing cocaine. CMM was charged with impaired driving, over .08, dangerous driving and possession of cocaine. Patrick Fagan entered pleas of …
11. Regina v. K.K.A. [Provincial Court of Alberta, Strathmore – September 2016]
This is another PIPELINE case. KKA was eastbound on Highway #1 near Strathmore. A member of the RCMP pulled KAA to the side of the road. Why? According to the officer, he couldn’t determine if her seatbelt was affixed or not. When the officer approached the driver’s side of the vehicle, it was obvious that the driver was wearing a seatbelt. While at the driver’s door the officer employed his Pipeline training and formulated grounds to detain KAA. The officer …
12. Regina v. B.E.C. [Court of Queen’s Bench of Alberta, Calgary – September 2016]
At the conclusion of a lengthy investigation the CPS Tactical Unit executed a drug warrant on residential premises. BEC was found inside along with a hydroponic marijuana grow operation, over 300 grams of powder cocaine, processed bud, scales, multiple cellular phones and approximately $9,000.00 cash. As a consequence BEC was charged with a multitude of offences including: Production/cultivation of marijuana Possession of cocaine for the purpose of trafficking Possession of proceeds of crime Patrick Fagan elected trial by way of …